The high court opened its judgment with a literary and emotional reflection, framing the father’s distribution of property not as legal coldness but as a final act of love, and quoted, “There are two lasting bequests parents normally want to provide to their children—one is roots, and the other is wings.”
“In this case, the father’s final act of love depicts that he bestowed his minor, unmarried daughter with ‘roots’ so as to stand on her feet, and the elder married daughter with ‘wings’ to build her own kingdom,” the high court said in its March 30 order.
‘Silent for 70 years’
The high court noted that the petitioners have remained silent for 70 years after the mutation was recorded in 2011 in favour of their aunt, and the mother of the petitioner never objected to her right, title, or ownership during her lifetime.
The court also noted that the father ensured the future of the daughter who needed support the most at the relevant time. It further observed that the father provided stability to his unmarried daughter while trusting his married daughter to build her life with her husband and family.
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The high court found that the petitioners failed to produce any document establishing their interest in the property before the award. “Neither the petitioners nor their mother (deceased) had ever been recorded as owners or tenants in the available records,” it noted.
Justice Moksha Khajuria Kazmi found that the petitioner’s aunt was able to establish her right, title, and ownership over the acquired land.
On the other hand, the aunt was able to establish her right, title, and ownership over the acquired land, whereas the petitioners failed to demonstrate any entitlement to compensation.
The high court also noted that the date of death of the petitioners’ mother was not mentioned, and that the petitioners were over 50 years of age, making their claim of ignorance difficult to accept, especially as they resided near the disputed property.
The court also noted that the petitioners have already preferred a civil suit for declaration and consequential relief with respect to the said property. “This means that the petitioners/plaintiffs are yet to obtain a declaration in their favour on the basis of which they can be said to have a right, title or interest with respect to the suit property, including the property forming the subject matter of this petition,” Justice Kazmi said.
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Dismissing the petition, the high court pointed out that this dismissal should not come in the way of the petitioners in the civil suit and the revision petition pending before the competent courts. The court also directed the district collector to release the compensation to the aunt, while observing that if the petitioners succeed in the civil suit or revision, they may be compensated in accordance with their entitlement as determined by the competent court.
The Estate & Rightful Heirs
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Estate Holder (Deceased)
Abdul Ahad Ganai
Entire estate to devolve under Muslim Personal Law
↓ Estate to be inherited by
Rightful Heirs Under Muslim Personal Law
Wife
Farzi Begum
Entitled share under inheritance law
Daughter
Malla Begum
Mother of the petitioners
❌ Excluded from mutation
Daughter
Sarah Begum
Aunt of the petitioners
✓ Sole name in record
The Alleged Fraud
1
Collusion with Tehsildar alleged Aunt Sarah Begum allegedly worked with the tehsildar to illegally mutate the entire land in her name alone
2
Mother completely excluded Malla Begum — a rightful heir — was not made part of the mutation proceedings, nor were her children (the petitioners)
3
Revenue record manipulated The official record now shows the aunt as the exclusive owner — erasing the other legal heirs entirely
How the Fraud Came to Light
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National Highway Project Triggered Discovery
The petitioners only came to know about the illegal mutation when the land was required by authorities for the construction and strengthening of a two-lane national highway project.
Land acquisition revealed the discrepancy
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Revenue Record — Aunt Listed as Sole Owner
On further enquiry, the revenue record was found to indicate the aunt as the exclusive owner of the land — with no mention of the other rightful heirs.
Petitioners never associated with mutation
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The Petition
The legal heirs of Malla Begum have approached the court alleging the mutation was fraudulently obtained by their aunt in collusion with the tehsildar — to the exclusion of their mother and themselves — in violation of Muslim Personal Law.
Petitioners stepped into shoes of mother
Appearing for the petitioners, advocate Aswad Attar submitted that the property in question was a landed estate of the late Abdul Ahad Ganie, which, upon his demise, devolved upon his widow and two daughters in accordance with Muslim Personal Law (Sharia).
He further submitted that the petitioners, being the daughters of the late Malla Begum, stepped into her shoes and inherited her lawful share and pointed out that the competent authority transgressed its statutory limits by scrutinising the revenue entries, touching upon title and ownership.
Attar contended that mere revenue records cannot decide ownership, and since a civil suit on title is already pending in the matter, there clearly exists a genuine dispute over entitlement to the land and compensation.
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No challenge for 70 years
Appearing for the aunt, advocate Jahangir Iqbal Ganai argued that the petitioners have not demonstrated any subsisting legal right of theirs over the property in question for more than seven decades, and it was never challenged by their mother during her lifetime.
Ganai added that the settled revenue record formed the basis of acquisition proceedings and the award, and the petitioners raised their claim only after the determination of compensation, a belated assertion lacking a prima facie foundation.
Petitioner’s aunt exclusive owner
Deputy advocate general Hakim Aman Ali argued that the revenue assistant commissioner, while passing an order on an application filed by the petitioners regarding the release of compensation for the said land, had directed the office of the tehsildar to submit a report.
He further mentioned that a team was constituted to examine the available revenue records and submitted their report in December 2024, which strengthened the claim of the other daughter of the real estate holder as an exclusive owner in possession of the acquired land.
Justice Moksha Khajuria Kazmi found that the petitioner’s aunt was able to establish her right, title, and ownership over the acquired land.